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Search: self-defense

29 Oct

...common language and culture; or, a group which distinguishes itself, as such (self identification); or, a group identified as such by others, including perpetrators of the crimes (identification by others)”. The Mountain Men pride themselves to be the stewards of Western ‘civilisation’ and high culture. This self-image of sophistication and class is key to their perceived distinction from the Grounders. In addition, the Mountain Men could qualify as a racial group, which the ICTR in Akayesu (¶514) has considered to be conventionally defined “based on the hereditary physical traits often...
29.10.24 | |

17 Mar

...the NATO-led Kosovo Force (KFOR) was tasked with ensuring the withdrawal of Yugoslav/Serb forces, monitoring the demilitarization of the Kosovo Liberation Army (KLA), restoring order, and supporting the international civilian presence. Under Resolution 2803, ISF is charged with border security, civilian protection, demilitarization, and security-sector restructuring.  Finally, both resolutions aim at political transition: Kosovo toward “substantial self-government,” followed by status settlement (Resolution 1244, para. 11 and annexes 1 and 2); Gaza toward a conditional roadmap for Palestinian self-determination and statehood (Resolution 2803, para. 2 and para. 19 of annex 1)....
17.03.26 | |

16 May

...international legal problems—even the most intractable ones—must be balanced with a regard for common interests and fundamental principles. Chief among these is the right to self-determination. Unlike in bygone eras, international law no longer conceives of territories as mere pieces of property to be traded or conquered. Today, human beings are properly held to be at the center of international law. The self-determination of peoples is embraced in Article 1(2) of the UN Charter, which proclaims that a major purpose of the United Nations is to “develop friendly relations among...
16.05.16 | |

06 Apr

the belief that the “self-executing” language had been sneakily inserted by members of his party in order to make the law ineffective upon passage. “Wait, what?” the 75 year old lawmaker, who has served in the Senate for 16 years, exclaimed. “I literally thought ‘self-executing’ mean that the law would be dead on arrival. Well, this is embarrassing,” he admitted to the audience, which consisted primarily of law students and a reasonable number of Cambridge hobos, many of whom were the most amused at Inhofe’s error. “I mean, this is...
06.04.10 | |

08 Feb

the threat through its military deployments, but it has not clearly indicated that it will use force unless its demands are met by NATO states. Indeed, it has denied that it intends to use force. Are there any possible justifications for the threat or use of force should it come to that in this instance? First, there is the possible justification of self-defence. Russia claims to be acting in the face of an ever more threatening posture of NATO forces surrounding it.  However, self-defence is only permissible in response to...
08.02.22 | |

29 Sep

I just wanted to note that I have posted to SSRN The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia, which is part of the special issue of the Chicago Journal of International Law about great power politics to which Ken has referred a couple of times. Here’s the abstract: This Article, written for a special issue of the Chicago Journal of International Law concerning great power politics, seeks to elucidate whether and how international...
29.09.09 | |

08 Jun

lack of analysis of congressional-executive agreements. One of his most salient points is that our book argues for an international agreement-making process that is way too onerous to be practical or to fit within the Framer’s original understanding of the U.S. Constitution. I have some responses: 1) It’s not really that hard since many treaties today are non-self-executing; 2) the Framers envisioned at least some non-self-executing treaties could be made. In any event, it is not a long podcast and Marty’s thoughts on most questions is definitely worth listening to....
08.06.12 | |

15 Feb

...ruling that the Texas courts did not have to respect the international tribunal’s ruling because the treaty provision (UN Charter Article 94) was “non-self-executing.” In other words, the treaty itself did not merit Supremacy Clause effect in the face of “Contrary” state law, but required an implementing federal statute to have such effect. How can this be squared with the plain language of the Supremacy Clause, which does not distinguish between treaties or statutes in ordaining what is the “supreme Law of the Land”? David Sloss’s marvelous book The Death...
15.02.17 | |

17 Mar

...domestic constitutional issue. The more interesting question involves implied immunity under the self-defense paradigm when laws of war are not applicable (as noted in my 19 J. Trans. L. & Pol'y article in 2009). If targeting is permissible under the law of self-defense (in time of peace or in time of war), it appears that general patterns of practice and opinio juris regarding such practices support an implied immunity for lawful self-defense targetings (no known prosecutions, etc.). This should also inform the domestic constitutional issue. Kevin Jon Heller John, The...
17.03.13 | |

03 Jun

...Pres. Carter unilaterally revoked the Mutual Defense Treaty with Taiwan, and the Supreme Court declined to review this action on non-justiciability grounds. But the MDT was almost certainly a non-self-executing treaty -- there were no private rights of action under it (even for Sen. Goldwater), so Pres. Carter's revocation didn't have any effect on domestic law. Brian Has the US ratified any self-executing treaties without including a declaration/reservation to the effect that the treaty provisions are non-self-executing with respect to US domestic law? Brian ...I ask this question because my...
03.06.09 | |

27 Mar

...ground. My current thinking on this is as follows: (1) This remedial type of self-determination must necessarily encompass a limiting temporal element. In other words, after some undefined period of time passes after the end of the HR or SD abuses, the affected people's right to external self-determination would lapse, and revert to the regular right of internal self-determination. This is because practically every multi-ethnic state in the world has undergone times of internecine violence, and they would all unravel if suddenly every group that has been persecuted throughout history...
27.03.08 | |

25 Nov

...the U.S. may be wary of binding itself to any treaty when it need not do so. This is not the only time the U.S. seems to stand alone as one of the world powers who isn't a party to a widely ratified treaty, the Vienna Convention and the Rome Statute come to mind. The whole “self-executing” business comes from the idea that an international treaty is not binding on U.S. domestic law unless either Congress has enacted statutes to implement it or it is self-executing. I’m no expert, but...
25.11.14 | |